Delhi

East Delhi

CC/84/2018

SANGEETA DHINGRA - Complainant(s)

Versus

UNITECH - Opp.Party(s)

17 Jul 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         84/2018

                                                                                                  Date of Institution               06/03/2018

                                                                                                  Order Reserved on              17/07/2018

                                                                                                  Date of Order                       19/07/2018  

                                                                                                       

In matter of

Mrs. Sangeeta Dhingra, adult   

R/o- B-227, 3^rd Floor, Jhilmil Colony  

Shahdara, Delhi 110095

 

Through her Husband as AR

Sh. Suresh Kumar Dhingra…………....………..……………….………….Complainant

                                                                   

                                                                         Vs

Unitech Ltd. 

Unitech House, L Block

South City –I, Gurgaon, 122001, Haryana ………………………..Opponent

 

Also at-

6, Community Center

Saket, New Delhi-110017  

 

Complainant’s AR                                        Mr. Suresh Kumar Dhingra (Husband)  

Opponent                                                      Ex-Parte

 

Quorum                                                         Sh Sukhdev Singh       President

                                                                        Dr P N Tiwari                Member                                                                                                   

                                                                        Mrs Harpreet Kaur      Member   

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case    

                                                                                           

Complainant deposited a sum of Rs 80,000-/-in Fixed Deposit Scheme of OP through OP’s agent having their office at Saket, Delhi for a term of 3 years who issued a FDR vide no. 1208056 on 07/02/2013 (Ex CW1/1). The date of maturity was 01/02/2016 against amount deposited on dated 01/02/2013. The maturity amount was Rs 1,16174/-.

It was stated that complainant received a letter from OP dated 13/02/2015 (Ex CW1/2) stating that company was not able to return the maturity amount to their depositors on maturity dates and gave a flexi plan for return on the same interest up to maturity date, on installment basis. The letter stated that depositors would get 30% within 15 months from the date of maturity. Same amount would be payable in 30 months and balance 40% amount in 42 months from the date of maturity.

 

It was stated that complainant was satisfied with OP letter and would get her 30% amount on 01/05/2017, but did not get any information from OP or amount, so complainant sent an email to OP for return of full maturity amount with 12.5% as per terms of Fixed deposit on 30/01/2018 (Ex CW1/3). Non refund of deposited amount by OP by the date given by OP (01/05/2017), filed this complaint and claimed maturity amount of Rs 1,16,174/-with 12.5% interest till realization with compensation for harassment Rs 30,000/- with litigation charges Rs 15,000/-.

 

Non receiving of notice, re-notice was issued again. Complainant submitted postal tracking report showing that notice was delivered to OP’s address, but no one appeared, so OP were proceeded Ex Parte. Complainant filed her Ex Parte evidences on affidavit and affirmed herself on oath that all her contents and facts as evidence were correct and true and were on record. As evidences were not controverted, so taken on record. Even on the date of arguments, OPs did not appear in person or through their representatives. Complainant filed her authority letter authorizing her husband, Sh Suresh Kumar Dhingra, to proceed with case.  After hearing facts from AR, file perused and order was reserved. 

 

We perused the facts and evidence submitted by complainant pertaining to Fixed Deposit with OP of Rs 80,000/- for gain in three years time, but OP did not pay as per letter. So, OP certainly failed in their promise and this amounts to the deficiency in their services.

Here, we have seen that complainant had deposited amount in fixed deposit with OP Company for three years, but OP did not pay the amount as promised. Thus nonpayment of 30% maturity amount on promised date amounts to the deficiency in services.

 

So we allow this complaint and direct OP to return the maturity amount with same rate of interest from 02/02/2016 within 45 days from receiving of this order. OP shall also pay a sum of Rs 5000/- as compensation for harassment which shall include litigation charges also. If amount is not paid in time period, complainant shall be entitled for same interest on entire awarded amount till realized.  

 

The copy of this order be sent to the parties as per the section 18 (6) of the consumer Protection Regulation, 2005 (in short the CPR) and file be consigned to the Record Room under section 20 (1) of the CPR.

 

 

(Dr) P N Tiwari -  Member                                                            Mrs Harpreet Kaur – Member         

 

 

                                                         Sukhdev Singh - President